February 22, 2011

Starting Tuesday, those [Democratic] senators, who are in Illinois, will have to watch from afar as Republicans continue the work of governing without them, taking up matters from the mundane to the controversial.
“By not being here, they’re basically deciding to let things go through the body unchecked,” said Scott Fitzgerald, the Senate majority leader. “They’re not here to represent their constituents. We’re here to work.”...

In Wisconsin, the issues scheduled for consideration in the Senate on Tuesday were routine: an appointment by the governor, tax breaks for dairy farmers and a resolution commending the Green Bay Packers for their Super Bowl victory. But Mr. Fitzgerald said more significant legislation could also be in play, including a bill requiring voter identification that Democrats strongly oppose.

Gov. Scott Walker, in comments delivered against the din of the raucous protesters gathered outside his office, praised the Senate Republicans for the move, which he said he hoped would entice the Democrats home. “It’s time for them to come back and participate in democracy,” Mr. Walker said.

You know, it really was rather smart of the Republicans to let the protest/exile peter out over time. The teachers couldn't keep canceling school, and the group at the Capitol will, more and more, be UW students/TAs and old Madison lefties with more radical slogans. The legislators-in-hiding look more and more ineffectual and more and more Chicago. I don't think these developments are increasing political support around the state.

Meanwhile, Walker and his GOP cohort are waiting patiently — it only takes a few days — to get going working on the state's problems.

“They can vote on anything that is nonfiscal,” said Senator Jon Erpenbach, a Democrat, from his hotel across state lines.

(There's a Senate rule that requires a larger quorum for fiscal matters. The Republicans need one Democratic senator to return to give them that quorum.)

“They can take up their agenda; they can do whatever they choose to do.”

Mr. Erpenbach said that his caucus was determined not to return until the restrictions to collective bargaining were off the table. But he worried aloud about what legislation could emerge in the meantime.

What legislation should the Republicans put on the agenda? They have the votes to pass things with or without the Democrats, so the question might be: What do they want to do that will be especially convenient to do without Democrats around to pester them? Or: What are the things that, if done without the Democrats' participation, will most hurt the Democrats politically? Or: What issue will prompt at least one Democrat to return, thus enabling them to get to the fiscal matters?

UPDATE: Concealed carry, voter ID, race-blind admissions in the University of Wisconsin system...

They should not do anything sneaky, or which can be portrayed as sneaking something through. They have public opinion on their side (because the general public is more and more starting to understand that there's no more money) and they should not risk losing that with anything that can be perceived as a dirty trick [like leaving town to thwart the public's elected choices].

Perhaps a law saying that if a state senator fails to show up for work for a certain number of days without a (valid) medical excuse, the seat becomes vacant, and is filled by appointment of the governor until the next election.

The Commission has nine members, including one court of appeals judge, one circuit court judge, and two attorneys, all appointed by the Supreme Court; and five non-lawyer members appointed by the governor with Senate confirmation. Members of the Commission may serve up to two consecutive three-year terms. Its staff consists of a full-time executive director, who must be a member of the state bar, and a full-time administrative assistant. The Commission also retains other investigators and attorneys, when necessary, to assist in the conduct of investigations and the prosecution of formal actions.

We must hurry and pass this bill before the Dems return so that that the Koch folks can clean up--16.705 (1), the department may sell any state−owned heating, cooling, and power plant or may contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount that the department determines to be in the best interest of the state

You're probably on to what will actually happen. The high road just isn't as much fun, generally, but in the end it's usually the best route.

@StevenPerhaps a law saying that if a state senator fails to show up for work for a certain number of days without a (valid) medical excuse, the seat becomes vacant

There's got to be some way of punishing AOL pols. Freezing pay after a week of unexcused absences? Who to they excuse them to? It seems counter-intuitive to assume there's no mechanism already in place.

Doesn't Wisconsin have same day voter registration? I'd eliminate that.For one thing, you can be sure the unions will be trucking people over state lines to vote next time around.It would be the perfect counterpoint to what's actually happening there.

Consider pursing the Senators-in-hiding for ethical violations. Example: Did the two Senators-in-hiding who have active law licenses (Risser and Taylor) violate Wisconsin State Bar ethical rules?

According to the Office of Lawyer Regulation ("OLR"): "All lawyers promise when they are licensed to uphold the law and to be guided by rules of ethics adopted by our state Supreme Court. A lawyer who violates these standards of professional conduct may be required to take certain remedial measures, meet required conditions, or be disciplined. In very serious matters, discipline could mean suspension of the attorney’s license to practice law or even its revocation."

Supreme Court Rules Chapter 20 (Rules for Professional Conduct for Attorneys): Preamble (A LAWYER’S RESPONSIBILITIES): [5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

ABA comment (#5) appended to Supreme Court Rule 20:8.4 ("Misconduct") "Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of lawyers."

WI Constitution: Article IV. Section 28: Oath of office. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability.

Senate Rule 16: Leave of absence. Members of the senate may not be absent from the daily session during the entire day without first obtaining a leave of absence. The leave may be granted at any time by a majority vote of the senate.

Senate Rule 23: Committee not to be absent. Members of a committee, except a conference committee, may not be absent by reason of their appointment during the sitting of the senate, without special leave. (Senators Risser and Taylor are both members of Standing Committees.)

Senate Rule 84: Sergeant to bring in absentees. The chief clerk shall immediately call the roll of the members, and note the absentees, whose names shall be read, and entered upon the journal in such manner as to show who are absent with leave and who are absent without leave. The chief clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall forthwith proceed to find and bring in such absentees.

Joint Rule 11. Quorum ... (3) A majority of those present, even though a smaller number than a majority of the current membership is present, may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide, as provided under section 7 of article IV of the constitution.

Full information about filing a grievance with the Wisconsin Office of Lawyer Regulation.

Consider pursing the Senators-in-hiding for ethical violations. Example: Did the two Senators-in-hiding who have active law licenses (Risser and Taylor) violate Wisconsin State Bar ethical rules?

I'll say this again. It's not good politics to attack a Senator when that Senator's constituents aren't thoroughly disgusted with what he or she is doing. And I don't think that point has been reached with these Democratic Senators.

The biggest problem for the deomcrats is that they will not be around to debate some of these issues. If you bring up Voter ID, yes, the Republicans could pass it anyway, but now the entire debate in the committees and the chamber will be one-sided.

Walker, who is expected to make a televised address to the state Tuesday night, told a Wisconsin TV station that layoff notices could be issued as soon as next week if his proposal to help offset a $3.6 billion budget deficit is not passed.

As you say, they can already pass anything the want on a party-line vote.

However, there might be some issues on which the Republicans are split, with most voting one way, but 4 or 5 who would vote with the Democrats. These items could be passed now, without the Democrats. I'm not saying this is a good strategy, because you don't want to piss of those 4 or 5 who disagree with the majority, but it is a possibility.

You could also have an issue where all the Republicans want something, but several don't want to vote for it because it would alienate too many of their voters. This would be a chance for the Republicans to pass it while letting some of their ranks vote against it.

Walker should give the Dems until this weekend. If they aren't back to at least pass Walker's debt refinancing plan before it expires, which needlessly adds $100 million to the state debt, all bets should be off. That plan has nothing to do with unions or workers whatsoever.

I don't need any stinking polls to know which side is winning the public's approval. Just watch Mika Brejzinski in the morning- if she is gloating, the Dems scored some points. If she is not, the Dems stock is dropping like a stone.

They just need to say that the people's business must go on so they are going to move on matters for which they do not need the extra bodies in the chamber. The people will understand this, especially if they give notice and lay out the voting time line for each issue. Then the fleebaggers can sit and chew over which votes they are willing to miss.

In fact I think the Pubbies take a hit if they DON'T do this because they were sent there to do a job, not sit there with their thumbs up their butts.

Anyone who has ever been on a playground knows that if a kid gets angry and takes his ball home the games go on anyway without him. You might not be able to play the same game without the ball but you don't just sit there pining for him to bring his ball back. If you don't have enough people left to play one game then you switch to another.

I am sure the Republicans have heard some version of this from nearly every constituent they have spoken to outside of the leftist bubble around the capitol.

I will also say again that I am certain polling has been done but has not been released (just like the location of the fugitive senators is being held as a closely guarded secret by the media). If it were favorable to the union stooges then it would have been released by now so we already know what it says. We just don't know the details.

AJ, Mika was pouting big time this morning as Walker trashed all her talking points. It was so bad I almost felt sorry for her. Maybe her guests wouldn't be so well prepared if she didn't repeat the same talking points every day.

Last week, I proposed exactly this plan in the comment threads here -- long before any of these latecomers.

But someone did some research that said that this being a special session of the legislature, they can only vote on measures already on the agenda. I forget who it was. former law student did a lot of research, might've been him.

If that research is correct, then as much as this would serve the Democrats right, it can't happen.

Doesn't Wisconsin have same day voter registration? I'd eliminate that.For one thing, you can be sure the unions will be trucking people over state lines to vote next time around.It would be the perfect counterpoint to what's actually happening there.

Nothing's wrong with same day voter registration. The problem is not requiring a photo ID to vote. I live in South Eastern Wisconsin and I've personally seen people bused over from Illinois to vote.

They ought to do things that strike at the heart of other key Dem constituencies. As others have noted, the Democratic party is transactional : teamsters, environmentalists, pro-choicers, etc. all support each other primarily for the sake of having the others' support. If a bill that pisses off the environmentalists gets passed because Democratic representatives weren't there to oppose it, environmentalists get angry because their issue was sacrificed for the benefit of another group. It drives another wedge between and among the Dems and their constituencies, further weakening the party that is sure to be hurting after public employees lose their collective bargaining rights.

The biggest problem for the deomcrats is that they will not be around to debate some of these issues. If you bring up Voter ID, yes, the Republicans could pass it anyway, but now the entire debate in the committees and the chamber will be one-sided.

There's nothing left to debate about the Voter ID bill. It was passed in both 2003 and 2005 and vetoed by Jim Doyle.

The voter id law is a great law. It keeps people who are not who they say they are from voting. We passed it in Louisiana after Mary Landrieu stole the 1996 senate election and it has really helped. And get rid of same day registration. If you can't plan far enough ahead to register then you're probably too stupid to vote.

I like a lot of the more serious suggestions here (I'm classifying the waterboarding bill of attainder as unserious), especially decoupling the fiscal parts of the bill at issue, which seem to be the least contentious parts.

I do agree that nothing wildly unpopular should be passed, for the sake of the Republican brand, even if the bill would be wildly popular in the districts of the remaining Senators. But keep in mind that any legislation that can pass the Assembly would presumably not be wildly unpopular in the state as a whole.

The voter id law is a great law. It keeps people who are not who they say they are from voting.

I have to show my ID when renting a movie from Blockbuster or cashing a check, and now in Indiana, to be able to buy booze (no matter how old you look). Its hardly unreasonable to expect the same to be able to vote in local and national elections.

I think at some point, they should either pass a bill that prevents these senators from getting paid or at least end their direct deposit so they have to return home to pick up their checks.

Another issue is that of bribery. In this situation, any comfort they receive while in Illinois (such as someone providing food or shelter to them) is bribery because it is being given to them to futher their non-attendence in the Senate. Any comfort given to them is directly tracable to their political actions, which is bribery.

Consequently, these Senators better be careful on how they are funding their own absence in Illinois.

I like the suggestions for gun rights! And aren't there any number of laws and regulations that can be repealed? This would be a great time to clear out a lot of unhelpful stuff that's on the books - increasing personal liberty and responsiblity.

I don't think the Wisconsin Democratic legislators planned their walkout very well. All they were thinking of was the great coverage the public employee unions were going to get on CNN and in the New York Times. They expected then, in the face of universal condemnation and charges of union-busing in the elite media, that the governor would have no choice but to fold.

Well the public employee unions got their great coverage, which gave them a psychological boost that they can draw down for the next ten years. In the meantime, though, the chickens are coming home to roost.

Now Wisconsin voters will have to show ID to vote. How radical! How unfair! How burdensome to people who wore out their old IDs cashing checks at the liquor store.

They passed right-to-carry last year and had it vetoed by the previous Governor. Most people figure it's a shoo-in now anyway . . . but they should write the least restrictive shall-issue bill that will make it through the House and pass it in both houses right now.

Dems totally got waxed both strategically and tactically. There was an opportunity here for a Dem to step up and take leadership of this issue. Rally the troops with rational rhetoric and develop a valid counterproposal (even though it would never pass). Make that the conversation and develop good will with people other than pure partisan union hacks. Hiding in IL and having Jon Erpenbach anywhere near a microphone accomplishes none of that. There was a moment in this where Dems could have watered down this bill with targeted amendments designed to squishy GOP moderates squish some more. Such a Dem would have gone along way to being a credible challenger to Walker in 2012. Instead, 14 Dems have automatically removed themselves from that career goal.

Establisha WI Accident Compensation Commission tha t supercedes Tort Liability and ends tort litigsation. I refer you to the NZ ACC which has dones this for more than 20 years.

I suspect that the missing Dems will reappear in the statehouse before the bill is sent up for a final reading.Replace all Democraatic office holders appointed by the previous administrations. This should get the missing 14 legislators to show up for the vote.

Enact legislation that requires all evidence used in WI state courts to be based on scientificly ascertained theories recognized as standard by the AAoS and similar venues and bodies End the practice of allowing courts to use unprovian scientific ideas as valid theories and evidence.

End recognition of the Environmental Defense Fund, Sierra Club, Nature Conservancy, WWF, Green Peace, PETA and et al as having legal standing in WI state courts.

BAR the ACLU from judicial standing in the WI courts because it is a political organization and not an unbiased charity.

Fascinating possibilities. I favor the notion of a bunch of Senators looking around the hotel bar at each other, going still, then all together jumping up and racing to their cars in the hopes of being the first one back to "strike a deal" and get some national TV time.

At this moment Kessler is warning darkly of all the "disruptions" that will be caused if the union bill is passed.

Thus illustrating why the union needs to be weakened: they are perfectly willing to abuse the public trust and wield the monopoly power of the government for their own selfish ends. This is unacceptable.

It's interesting that you mention TAs being at the protests. When my sister was a grad student she attempted to organize a union and from what she said it was all George Bush's fault that grad students weren't allowed to have a union at all.

(My response was: George Bush? Really? And how is he responsible for multiple generations of your rabidly liberal professor's exploitative behavior?)

I know that I've come across as severely anti-union, but it seems to me that the predominantly liberal realm of academia treats their grad students like slave labor and the grad students, if they expect to get their advanced degrees, have no choice but to suck it up. The only up-side seems to be that when they get to be professors themselves they can return the favor.

(There is also the issue of blatant exploitation of foreign grad-students. If anyone actually *needs* a labor union it's them.)

I've thought about what would happen if there were to be a general strike in California of all government workers and how it would affect me.

The conclusion is not much.

Go ahead and strike. With the exception of a few roads not getting plowed immediately, I don't care. About 30% of the population have personal snow plows on their extra 4x4 vehicles or own tractors with front loaders. We can cope.

DMV closes...yippie...that is a plus.

No Police. Hell, we only have one guy at night patrolling at least a 100 mile square area. It already takes 30 to 40 minutes to get a cop/sheriff. Big deal if they don't show up. We already rely upon ourselves and a well armed citizen patrol.

Fire Department? All volunteers and self funded.

Library? Same thing. Privately funded because the County decided to close our branch.

Wouldn't a series of general strikes severely impact the major unions' bank accounts? When a general strike is called, my understanding was that, if it protracts, the union itself sends it's members monies to cover the basic necessities. If WI, IN, OH, and a few other hot-spots light up, this would put the unions in a very bad place budget-wise, giving them limited time to ramp up to 2012.

I think it would depend on the Union and the agreements that they have. As I remember, when my parents went on strike for the International Typographical Union (both were printers) they received some minimal amount of strike pay for a period of time...not forever. Some of the money came from the local union coffers and THEN the National. However, other workers and associated unions who also struck in sympathy did not get paid.

Doesn't matter what the WI republicans do or do not do. The democrats will demonize them no matter what. If you are going to do the time might as well do the crime. Create a wish list of republican legislation and pass it immediately. CCW? Voter ID? Same day voting? Tort reform? Letting additional insurance carriers in to the state? Right to work? School vouchers? Seriously other than leftists and union members does anyone really believe that voters in WI are going to go crazy with anger at the republicans if they passed these things? Or as suggested eliminating the standing of various groups in lawsuits where they are not parties? If Walker has any notion for running for president then he ought to push these things now.

@BEK447, what's wrong with The Nature Conservancy? I like the Nature Conservancy. They see a piece of land they don't want developed, so they buy it. That's about as capitalist as it gets, isn't it? Please don't tell me they are evil. They host the most exquisite little events.

Concealed carry will pass with or without the Democrats in town. Quite a few Democrats supported it the last couple of times it came up.

But this would be perhaps a better opportunity to past "Constitutional" concealed carry-- i.e, no permit needed, as has always been the case in Vermont and is now also true in AZ and AK-- and probably soon coming to a number of other states where it has been proposed. Constitutional concealed carry would not require the creation of a new bureaucracy to administer it, nor would it cost the taxpayers a penny. Simply modify or repeal the current ban on concealed weapons and and a few associated statutes, including the current vehicle carry requirements and the school zone restrictions. One can already carry a gun openly in most places in Wisconsin-- it hardly makes sense to require a permit or special instruction simply to put a jacket on over the gun you can already carry.

Brush fires aren't an issue in your area? You *do* live way up north. :)

You betcha ;-)

However, most big fires are in remote areas on Federal Land and the concensus is that they should probably burn anyway because they are so overgrown and thick with underbrush, due to the shut down of the logging industry.

Our VFD is for structure protection and they do also handle local small brush or wild fires.

Sen. Erbenbach - have a nice life in Rockford. I think there is a Railroad Museum of some kind nearby, and if that gets old you can go in with some of the other Democrats (you still get your per diem...no?) and rent a car and visit the John Deere foundry site at Detour. Then...

Nothing's wrong with same day voter registration. The problem is not requiring a photo ID to vote. I live in South Eastern Wisconsin and I've personally seen people bused over from Illinois to vote.

I've worked at the polls for two elections. I don't think voter ID is necessary if we have a good registration process. That process does not include same-day registration because even if the voter is later found to be ineligible, his vote counts.

If you don't have an ID, you can claim to be someone else, but then that person doesn't get to vote. Sucks for that person, but you are not adding extra votes to the system.

I don't know how Illinois residents could vote unless there were coordinated fraud with fake residence documents. It could be done, because you can use your SSN as your personal ID instead of a WI drivers license, but it would take some work to get fake Wisconsin proof of residence documents.

Besides, why shouldn't Illinois residents get to vote in Wisconsin elections? They have 14 of our senators right now.